Loading...
HomeMy WebLinkAboutPermit Miscellaneous 1985-11-7 . . . PA 2774-85 November 7, 1985 Agenda Item #1 Page 1 of 6 LANE COUNTY HEARINGS OFFICIAL REQUEST FOR A GREENWAY DEVELOPMENT PERMIT TO ALLOW A REPLACEMENT MOBILE HOME WITHIN AN RAlMH/DISTRICT (UNCONTESTED) Application Summar,\:: Leo Molatore, 2066 Harbor Drive, Springfield, OR 97477. Assessor's map 18-03- 11-2.2, tax lot 3400. Request for a Willamette Greenway Development Permit (PA 2774-85) to allow the replacement of a singlewide mobile home with a doublewide mobile home within a Suburban Residential/Mobile Home District within the Willamette River Greenway boundary. Hearing Date: November 7, 1985 Decision Date: November 7, 1985 Appeal Deadline: November 18, 1985, Lane County Board of Commissioners Statement of Criteria and Standards Eugene-Springfield Metropolitan Area General Plan Lane Code 10.135 Lane Code 10.185 Lane Code 10.322 Facts Relied Upon (Findings) 1. The subject property, hereinafter referred to as 'the property', has an address of 2066 Ha rbor Dri ve, Spri ngfi e 1 d, Oregon and can be further identified as tax lot 3400, assessor's map 18-03-11-2.2 and Lot 47 of the Filbert Grove 5th Addition. The property is situated between Harbor Drive and the Willamette River and is currently occupied by a singlewide mobile home. The ground drops off sharply behind the building site, which is flat. The surrounding parcels are developed with mobile homes and accessory structures and are zoned RA/MH. 2. The property is designated as Low Density Residential and Parks and Open Space (Willamette River Greenway) by.the Eugene-Springfield Metropolitan Area General Plan (Metro Plan). 3, The property receives temporary fire service from the City of Springfield (through contract) and water from a community water system which serves the subdivision. Sewerage is provided by an on-site subsurface disposal system. The property is within the boundaries of the Wil1amalane Park District and is served by the Lane County Sheriff's Department and the Oregon State Police. The Glenwood Transfer Site is the closest solid waste disposal facility. Access is onto Harbor Drive, a County Road. . . PA 2774-85 November 7, 1985 Agenda Item #1 Page 2 of 6 4. The property has not been designated as a significant scenic area, viewpoint or vista or a significant historic or archeological site by Lane County. The property has not been designated as an aggregate resources site nor has the property been i dent ifi ed as havi ng sign ifi cant fi sh, wildlife or natural areas. 5. The ex i 5t i ng mobile home is located about 100 feet from the ri ver. The proposed replacement mobile home, because it is about twice as wide, will be sited as much as 15 feet closer to the river than the existing mobile home. The location of the existing mobile home is determined by the siting of the subsurface sewage disposal system and drainfield which must be located as far from the river as possible. This system is located between the existing mobile home and Harbor Drive. 6. Public access to the river is provided by a pedestrian way along the west boundary of the subject property and is also available through a State- owned recreation site located just east of the Filbert Grove subdivision. 7. The soils of the property, 4AU Cloquate-Urban Land Complex, have no deve 1 opment hazards, if located outs i de of the fl oodway, and a re an indication that the property is disturbed and/or built upon by urban development. 8. The proposed building site is located outside of the floodway and floodplain, although a portion of the property near the river is within the floodway and floodplain. Access to the property is not through the floodway or floodplain. 9. The source of the community water supply is through a well. Decision A. THE REQUEST FOR A GREENWAY DEVELOPMENT PERMIT (PA 2774-85) IS APPROVED subject to the following conditions: 1. The existing vegetation between the top of the bank and the river shall not be disturbed or removed. 2. A mobile home placement permit must be applied for and approved prior to the placement of the doublewide mobile home on the property. The replacement mobile home may be sited no closer than 85 feet from the Willamette River. 3. This Greenway Development Permit shall be for a duration of two years. It will expire at that time if the placement of the mobile home is not approved and situated on the property. . . PA 2774-85 November 7, 1985 Agenda Item #1 Page 3 of 6 Justification for Decision (Conclusion) I. PLAN CONFORMITY The Metro Plan designates the property as Low Density Residential and Parks and Open Space. The property is zoned RA/MH wi th a Wi 11 amette Ri ver Greenway Boundary overlay. Applicable plan policies are as follows: 1. Wil1amette River Greenway Policy #2-This policy indicates that land use regulations applying to the river corridors and waterways shall take into account all the concerns and needs of the community, including recreation, resource and wil dl ife protection; enhancement of ri ver corri dor and waterway environments; and the potential for supporting non-automobile transportltion, 2. Willamette River Greenway Policy #5-This policy requires that new development which locates along river corridors shall be limited to uses that are compatible with the natural, scenic, and environmental qualities of those water features. 3. Willamette River Greenway Policy #9-This policy mandates that specific management considerations and requirements of Statewide Planning Goal #15 shall be applied where not specifically addressed by policy or land use designation. The Metro Plan and Lane Code 10.322 has received Acknowledgment of Compl iance by the Land Conservation and Development Commission. Lane Code 10.322, as presented in the ZONE CONFORMITY section of this decision, addresses the specific consideration of Statewide Planning Goal #15. Conformity with the criteria and requirements to Lane Code 10.322 is necessary to meet the requirement of Policy #9. 6. Willamette River Greenway Policy #11-This policy requires that Lane County shall address the setback and vegetative fringe requirements of Statewide Planning Goal #15 fn its Greenway ordinance (Lane Code 10.322). The application of Lane Code 10.322-15(1)(a) and (3) address this requirement. 11. ZONE CONFORMITY The proposed use, a mobile home, is consistent, with the uses permitted in the RA/MH District. Lane Code 10.322-10 requires a Greenway Development Permit for changes in development located within the boundaries of the Willamette River Greenway. All development must conform to the following two criteria of Lane Code 10.322-15(1): 1. The development protects or enhances the existing vegetative fringe between the activity and the river. Where such protective action is shown to be impractical under the circumstances, the maximum landscaped area or open space shall be provided between the activity and the river and the development provides for the reestablishment of vegetative cover where it will be significantly removed during the process of land development. The property is currently occupied with a mobile home and garage. The building site is flat and cleared. The location of the existing and . . PA 2774-85 November 7, 1985 Agenda Item #1 Page 4 of 6 proposed mobile home is limited by the site of the existing subsurface disposal system which is located between the mobile home and Harbor Drive. The existing mobile home is about 100 feet from the river and the proposed mobile home, because of its greater width, will be about 12-15 feet closer to the river. As a condition of approval, the existing vegetative cover of the river bank shall not be disturbed. 2. Existing public access to and along the river either is not necessary or the necessary access will be provided by appropriate legal means. Public access to the river is now provided by a pedestrian way along the west boundary of the subject property. Pub 1 i c access is a 1 so avail ab 1 e through a State-owned recreation site located to the east of the Filbert Grove subdivision. [.listing access to the river appears to be adequate. Lane Code 10.322-15(2) also requires affirmative findings that the proposed development is compatible with the following guidelines: 1. Preservation and maintenance of land designated "agriculture" in the adopted Willamette River Greenway Plan for farm use and minimize interference with the long-term capacity of lands for farm use. The property is not designated "agriculture" by the Metro Plan and no farm uses exist in the surrounding Greenway-designated areas. 2. Protection, conservation or preservation of significant scenic areas, viewpoints and vistas. The proposed site has not been designated as a significant scenic area, viewpoint or vista. 3. Protection, preservation, rehabilitation, reconstruction or restoration of significant historic and archeological resources. The site is not identified as a significant historic or archeological site by the county's historical resources inventory. 4. Preserve areas of annual flooding, floodplains and wetlands. The building site does not lie within the floodway or floodplain. Access to the property is also not through the floodway or the floodplain. 5. Protection, bottomlands development. conservation and lands or preservation of areas along the alluvial with severe soil limitations from intensive The soil on the property is identified as being disturbed and/or developed and does not represent limitations to development. . . PA 2774-85 November 7, 1985 Agenda Item #1 Page 5 of 6 6. Consideration of the impacts from consumptive uses of water (i.e., domestic, agriculture, industrial) and the nonconsumptive uses (i .e., recreation and natural resources) in efforts of maintaining sufficient flows to support water users. The proposed use will be supplied by a community water system. The source of this water system is from a well and not from the river. 7. Sustenance and enhancement of water quality by managing or controlling sources of water pollution from uses such as: domestic and industrial wastes, agricultural and timber runoff, septic tank seepage, gravel operations and other intermittent sources. The subsurface disposal system of the proposed use is sited in accordance wi th requi red setbacks from adjacent waterways. The retention of the riparian vegetative fringe on the river bank will protect the river from erosion-related pollution. 8. Maintenance and sustenance of natural riparian vegetation found upon the lower alluvial bottomlands and upper terraces bordering the river for the following reasons: provide habitat, food and shade for wildlife; protect natural areas; anchor river bank soils and protect agricultural land from seasonal erosion; ensure scenic quality and screening of uses from the river; control trespass; and to control pollution sources to the river. The existing riparian strip along the river, as a condition of approval, shall not be disturbed. 9. Harvesting of timber in a manner that wildlife habitat, riparian and other significant vegetation and the natural scenic qualities of the Greenway will be preserved, conserved or restored and otherwise result in only the partial harvest of timber beyond the vegetative fringe. The property has no timber and is clearly committed to urban use by the Metro Plan. 10. Minimize vandalism and trespass. The replacement of an existing mobile home with a larger mobile home would not appear to affect vandalism and trespass. Public access to the river already exists along one border of the property. This access will not be enhanced. 11. Location of nonwater dependent and nonwater related development away from the river. The proposed development will be buffered from the river by anywhere from 85 to 88 feet of the property and river bank. . . PA 2774-85 November 7, 1985 Agenda Item #1 Page 6 of 6 12. Protection from erosion. The protection of the existing vegetated river bank is the of ensuring that the river will be protected from erosion. of approval, this vegetative buffer must not be disturbed. primary method As a condition 13. Compatibility with the site and surrounding area. The existing and proposed use is surrounded by similar residential uses. The building site is screened from the river by the vegetative fringe along the ri ver bank. 14. Protection of significant fish, wildlife habitat and natural areas. No significant wildlife habitat or natural areas have been identified by the Metro Plan's natural resources inventory (Natural Resources: Working Paper) . 15. Protection and conservation of lands designated aggregate resources within the adopted Willamette River Greenway Plan. The property is not designated or zoned for aggregate resources. Lane Code 10.322-15(3) does not allow new intensifications or developments within 100 feet of the ordinary high waterline of the river unless one of the following two criteria are met: a. The proposal would provide better protection, maintenance, preservation and enhancement of the natural scenic, historic and recreational qualities of the Willamette River Greenway than would occur by observance of the setback requirement; or b. The protection, maintenance, preservation and enhancement of the natural, scenic; historic and recreational qualities of the Willamette River Greenway are not applicable to the proposal. Clearly, Lane Code 10.322-15(3)(b) is applicable since the property is already developed. An additional 15 feet of encroachment towards the river shoul d have no affect since in wi 11 not i ncrea se erosion or di 5turb any natural area on the property. Respectfully Submitted, ~d.o~ ~ar.tf.. Oarnielle Lane County Hearings Official clgdmola ";.